ORDER :

1. This appeal arises out of judgment and order of the High Court by which the decision made by the learned Trial Court on 20.07.2009, directing the Respondent herein to vacate and hand over possession of the suit scheduled property to the Appellant on payment of Rs. 18,30,378/- along with interest at the rate of 6%, has been reversed. The relevant facts that will be required to be noticed for the present adjudication may be very briefly noted at the outset.

2. The property consisting of a house/building which is the principal bone of contention between the parties belonged to one Atmaram and Premavati. Following the death of the aforesaid owners, inventory succession proceedings were initiated in the year 1989 by the Respondent, who is one of the sons of the deceased and was appointed as an Administrator of the Estate of the deceased. The succession proceedings were governed by the Portuguese Code of Civil Procedure (hereinafter referred to as "the Portuguese Code") which required the property to be put up for family auction/licitation. In the said family auction no outsider and only the family members are allowed to participate. The deceased couple had three sons and two da